Mangal Ray @ Ajay Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49646 of 2022 Arising Out of PS. Case No.-513 Year-2020 Thana- KANTI District- Muzaffarpur ====================================================== MANGAL RAY @ AJAY RAY S/o Suraj Rai Resident of Village- Pakari Madhuban, P.s.- Kanti, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-09-2022 Heard Mr. Priyesh Kumar, learned counsel for the petitioner.

The petitioner has renewed his prayer for regular bail in connection with Kanti P.S. Case No. 513 of 2020 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016 inasmuch as earlier bail application of the petitioner was dismissed as withdrawn vide Cr. Misc. No. 55022 of 2021 by order dated 19/05/2022 with liberty to the petitioner to renew his prayer for bail after three months.

As per the prosecution case Police got information that the petitioner along with other accused persons have brought consignment of illicit liquor stacked in two Bolero vehicles, proceeded towards the place of occurrence and intercepted one Bolero vehicle laden with illicit spirit and also

Patna High Court CR. MISC. No.49646 of 2022(2) dt.21-09-2022 2/3 found that 27 drums of spirit were kept by the side of the road . Upon seeing the police party accused persons succeeded in fleeing away. Police recovered 7240 liters of illicit spirit from the road side as well as from the Bolero vehicle. Learned counsel for the petitioner submits that petitioner has been made accused on the basis of secret information received by Police and except secret information no material has come against the petitioner to connect him with the present offence. He further submits that the Bolero vehicle from where illicit spirit has been recovered does not belong to him. Statement to this effect has been made in paragraph-9 of the present petition.

Having regard to the submissions by the parties , taking into consideration the fact that petitioner is in custody since 14-06-2021, charge sheet has already been submitted and illicit spirit has not been recovered from conscious possession of the petitioner, I am inclined to grant regular bail to the petitioner.

Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (rupees twenty thousand ) with two sureties of the like amount each to the satisfaction of learned Spl. Judge Excise Act, Muzaffarpur

Patna High Court CR. MISC. No.49646 of 2022(2) dt.21-09-2022 3/3 in connection with Kanti P.S. Case No. 513 of 2020 subject to the condition that the petitioner shall remain present on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall liable to be cancelled.

(Anil Kumar Sinha, J) praful/- U T